PEOPLE v. DOMINGUEZ

No. S130860.

47 Cal.Rptr.3d 575 (2006)

39 Cal.4th 1141

140 P.3d 866

The PEOPLE, Plaintiff and Respondent, v. Fernando DOMINGUEZ, Defendant and Appellant.

Supreme Court of California.

August 28, 2006.


Attorney(s) appearing for the Case

Dallas Sacher, Santa Clara, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Laurence K. Sullivan, Eric D. Share and John H. Deist, Deputy Attorneys General, for Plaintiff and Respondent.


WERDEGAR, J.

We address in this case three separate claims of error. First, we consider whether the trial court erred when it failed to instruct the jury, sua sponte, that a reasonable yet mistaken belief the victim consented to have sexual intercourse was a defense to a charge of rape. (People v. Mayberry (1975) 15 Cal.3d 143, 125 Cal.Rptr. 745

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